How to Appeal a DWI in Minnesota
If you are falsely convicted of DWI in Minnesota, you may want to file an appeal. Filing an appeal costs a few hundred dollars, but if you win, you will not lose your driver's license or reputation with your clients. Your attorney can advise you as to whether you have grounds for appeal.
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Instructions
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Ask your attorney to assist you in filing Form 33 and Form 133 with the appeals court. Form 33 is your notice to the court that you intend to appeal your conviction, while Form 133 is a statement of case, informing the judge of the details of your conviction, your intention to appeal the case, any sentencing requirements you must face in the meantime and the circumstances of your appeal. You must file your appeal within 60 days of your conviction. If you were defended by a public defender at trial, ask the public defender's office if an attorney can be appointed to handle your appeal.
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Pay the filing fee of $550. If you cannot afford the filing fee, you can obtain a waiver by demonstrating financial hardship. Submit proof of income such as pay stubs as well as documentation of any government assistance or special expenses that would preclude you being able to pay the filing fee.
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Serve the district attorney's office with notice of your intent to appeal. You can mail copies to the district attorney's office to accomplish this.
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Attend all hearings. Your attorney will present evidence as to why the conviction should be appealed. If you have any new evidence, share it with your attorney so that he can present it. If your attorney does not have new proof of innocence, he can argue that the conviction was unfair, subjective or illegal. The judge will consider your attorney's arguments as well as the district attorney's arguments on this matter.
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Listen carefully to the judge's ruling. If the judge upholds your conviction, consult your attorney to find out what your options are. You may be able to appeal to a higher court n the event of a question of constitutional law, such as whether a breathalyzer test was obtained legally. You may have to fulfill part of your sentence, such as serving time in jail, while you are waiting for a further appeal to be heard.
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